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Imagine, for a preposterous moment, that 55 national leaders convened to write a document to guide the country for hundreds of years. It seems unlikely--given that our current contingent of so-called leaders can't agree on how to balance a checkbook--that they could reach consensus on such issues as the allotment of congressional seats. The political and ideological issues that faced the creators of the Constitution were similar in some ways to those at play today. And in some ways they were vastly different ones. Jack Rakove, a history professor at Stanford University, has in this book framed the process that led to the drafting of the constitution in its historical and political context to offer insight into the difficulty of interpreting that most influential of documents.
Book Description
From abortion to same-sex marriage, today's most urgent political debates will hinge on this two-part question: What did the United States Constitution originally mean and who now understands its meaning best? Rakove chronicles the Constitution from inception to ratification and, in doing so, traces its complex weave of ideology and interest, showing how this document has meant different things at different times to different groups of Americans.
Customer Reviews:
An excellent explication of the political thought behind the U.S. Constitution.......2007-09-13
I just finished reading this book for a class in U.S. Constitutional History and my Professor has aptly noted that this book really attempts to do two things: first, it makes this point about Originalism, demonstrating that any attempt to divine original meaning, intention, or understanding is perilous because of the diverse thought, political motivations, and interests present in the drafting and ratification of the Constitution. Second, it attempts to show the difficulties of Constitution-making, and how the framers attempted to reconcile a revolutionary republican ideology with the practical problems of governance.
While the conclusion of the first objective has been criticized and debated by various reviewers (and appropriately so), I believe that this book is extremely valuable in its accomplishment of this second purpose. With dense yet incredibly readable prose, Rakove demonstrates that the Constitution was an attempt to combine republican principles with the practical experiences of the States during the Revolution and under the Articles of Confederation.
Using a few topical discussions such as a discussion of views on Representation, the Presidency, and Rights, Rakove illuminates the thinking embraced by the Framers (such as that of Locke, Montesquieu, and others) and compares and relates such principles with the real experience and concerns of the Framers (such as Madison's view that the States were becoming destructive of property rights under the Confederation). Such descriptions go a long way in describing how and why the Framers crafted the systems of government found in the Constitution and why these systems drew some criticism from both inside and outside the Convention.
While this book is (as others have pointed out) aimed more towards scholars than the layman, I highly recommend this book to any serious student of the Constitution. Prior knowledge of the events of the Revolutionary period is a must, and having read Bailyn's "Ideological Origins of the American Revolution" or Wood's "Creation of the American Republic" will be helpful.
While the Originalism issue comes up here, this book will illuminate your understanding of the Framing of the Constitution generally, and it allows the reader to make up his/her own mind about the author's thesis (or really perhaps better here called an admonition) about the Constitution's original meaning.
Misreading the Intent of the Founders.......2007-07-23
Our Constitution has been misconceived by the so called "progressive" Left for over half a century - at least since the days of the New Deal. It is not a list of suggestions passed on by the founders to be modified in each succeeding generation according to the prevailing mood of that generation.
The Constitution is a compact between the people and their government establishing the basic framework by which a free people are to be governed, and the the limits of the power to be wielded over them by that government. As such, it was meant to be a permanent framework for the government of the American people - not to be altered at the whim of Congress or the Courts.
The founders provided a method for amending the original compact. They did not leave it to Congress alone, nor did they conceive that the Courts would usurp the authority to rewrite the Constitution by judicial fiat.
They deliberately made the amendment process cumbersome and difficult in order to insure that any future modification of our fundamental compact of government could be achieved only with an overwhelming consensus of the electorate and of the states. This was done in order to preserve the institutions of a self-governing Republic, and to protect the rights of the people against the momentary and transient whims of public opinion, or the machinations of any faction which might achieve a temporary moment of dominance over the government.
A Book for the thinking person.......2007-06-09
A previous reviewer said it best already: this book is not for the average reader. If the person picking up this volume has a basic understanding of 18th century American thought, an open mind--critical not gullible, an understanding that America was not a unified nation until the Civil War, this very informative, thought provoking book will prove a treasure. You may not agree with the author in everything, but make sure you know enough to know why you disagree.
A wealth of information, presented badly, bound by a poisonous idea.......2006-10-19
Jack Rakove certainly knows a lot of history about the founding fathers. Perhaps he knows too much. For the wealth of information in his brain has left him confused. It has left him confused about the meaning of the constitution. And it has led him to believe, since the meaning of the constitution is so hard to divine, that it actually has no meaning, and therefore we must be at the mercy of judges to mete out justice.
This is poppycock. No, worse, it is dangerous.
I am not claiming that explication of original intent is easy. But just because something is hard is not sufficient reason to abandon the project. We owe it to ourselves to be governed by laws as they were understood at the time they were written. If those laws are insufficient for today's needs, then they need to be amended by legislative processes, not tailored by a particular judge's sense of justice.
I wonder if Jack Rakove is actually persuaded by his own ideas, or whether a better description would be simply that he is complicit in the theft of our constitution by today's legal theorists. I think that if you could really burrow into the depths of a persons soul, you'd find the answer is the latter. Because I think Jack Rakove is actually a smart guy.
Excellent book but not for everyone.......2006-05-16
This is an excellent book if you really want to understand the Constitution in extreme detail. I did and I enjoyed the book although the writing style is very wordy and long winded at times. This is not a good book for the general public but it was never intended as such.
Customer Reviews:
The Makeing of America: The Substance and Meaning of the Constitution.......2007-09-10
The Making of America is a must read for every American. This book gives an detailed account of what the Founding Fathers' intended our form of government to be, a Republic, not a Democracy. If you want to be a patriot that is not blown about by every wind of political sophistry, read this book! Did you realize that the Founding Fathers' had a different political spectrum that we use today? Read this book to find out more.
Mandatory Reading.......2006-08-14
This book should be the required text for all high school and college government classes. It is easy to read and contains information not readily available in most text books on the Constitution.
Comprehensive, Reliable, Essential.......2006-03-31
I love this book. It taught me about the Constitution and its simple, exalted ideas. If you read this book you will understand America's "charter of freedom" better than you would from taking a college course in political science. (At least, that's what happened to me.)
I wouldn't say The Making of America is "bipartisan." It fully lauds the Constitution as having a "success formula" for prosperity and freedom that is unique and superior to any other political system in the world. If you want a book that regards America's Constitution as neither better nor worse than other government systems, then this is not the book for you.
The Making of America is well organized. Here is a synopsis of the contents: It begins with interesting biographical information on " the man who discovered America's Freedom Formula" - Thomas Jefferson. The next chapter explores various governments - real governments that existed, such as what the Anglo-Saxons, Israelites, and French (during the times of Napoleon) had, contrasting their advantages and weaknesses. All of these were assessed by the Founders (especially Jefferson), so the author is showing what influenced the Founders' thinking about governments. It's amazing. The third chapter describes some of the Revolutionary War battles, and the Colonial leaders, and how the existing government - the Articles of Confederation - was severely deficient and in need of replacement, which chapter 4 explores further. Chapter 5 is all about the Constitutional Convention at Philadelphia, and 7 explains, very simply, the balance of powers in government and all that complex stuff about three branches and division of powers and the Great Compromise and all that.
Chapter 8 is one of my favorite parts; it explains capitalism - not just what it is, but exactly why it works: It allows maximum freedom for people to invent, try, sell, buy, prosper, fail. It gives real examples of what happened when the government intervened in the economy, such as with price controls, and discusses whether big business is bad or good. Chapter 9 recounts the ratification of the Constitution and the reaction of the states and people, and talks about the Federalist Papers. It then examines the Preamble, its wording and principles.
Now we get to the heart of the book. From here until the conclusion, each chapter explores, in depth, every article and section of the Constitution - almost sentence by sentence. The author chose a very interesting way to do this - instead of boringly stating why this or that clause was included, he identifies the principle that the section allows. So after giving a sentence straight from the Constitution, he writes: "This provision gives the American people the RIGHT to ..." and says what it lets us do. Here's an example. On page 500, you read the text from Article I.10.1, "No state shall grant any title of nobility." The author says, "This further secures the RIGHT of the American people not to have [government] creating an aristocracy of privileged citizens." And then interesting history is given, describing how before the Constitution granted this right, King George III and the House of Lords were corrupt and arrogant and elitist because they were given special titles and considered above the common people, and so the American Founders wanted to forbid this practice to protect the people. Every sentence almost, of the Constitution is explained in this way. Throughout The Making of America, plenty of history is provided, in an easy-to-understand way, to help the reader see what life was like before the Constitution; also, the entire book is replete with quotations from the Founding Fathers - this is so that the reader knows exactly what the Founders intended, because much of the Constitution is misinterpreted now. Also, the amendments are studied in the same format as the Constitution, analyzing them in their historical contexts. After you read this book, you'll feel smart because your mind will be buzzing with philosophy, history, and political science. I can't tell you how much I've learned from this book. It has increased my understanding, and therefore, my love, for America's Founders and Constitution.
Also, there is a handy subject index, a copy of the Constitution's text, brief description and pictures of each of the Convention delegates, and a good introduction and conclusion.
My only complaint about this book is that there isn't a new edition; it seems it was written in the mid 80s. Don't worry, though - the information isn't outdated - because it only deals with timeless principles; but still, it would be nice if there were a newer edition; it has a rather plain cover - pale yellow with grey and red letters - and, for some reason, the print is huge, like it's for the visually-impaired or something. But that doesn't really matter; the text itself is fascinating.
You can use this great book as a reference tool - like if you hear some legislation is passing in the House and you want to know if it's really Constitutional or not - or you can read it cover-to-cover, as I did; either way, get this book, if you want to understand the Constitution and America's "freedom formula."
A Must Read.......2005-01-30
This is one of the most important books that I have ever read.
The Making of America contains some history leading up to the Constitution. The most important and unique part of the book is a dissection of the Constitution principle by principle.
The author goes through 286 separate principles in the Constitution.
If you read this book, you will understand the U.S. Constitution better than 99% of the 'constitutional lawyers' claiming to be experts.
This is a book that every elected official and every American voter should read and study.
IF YOU WANT TO UNDERSTAND THE CONSTITUTION --- THIS IS #1 !!.......2002-07-08
The most complete book written on the substance and meaning of the U.S. Constitution. The first couple hundred pages or so focus on the history leading up to to the Constitution (including Biblical history relevant to the Constitution). The rest of the book focuses on the Constitution itself.
Skousen (he was actually aided by a whole team of researchers and scholars to get all the material and documentation for the book) then takes the text of the Constitution and analyzes it phrase by phrase, using actual quotes made by Founding Fathers, which describe the phrase in question or the concept that the phrase deals with. Every single phrase in the Consitiution is covered. Most phrases are covered by several Founding Fathers.
I've had a copy of this book for about 10 years now and I never get bored with it. I consider it to be one of the most important books ever written.
To understand what the Founding Fathers had in mind when they wrote the Constitution, this book is indispensible.
Average customer rating:
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The Mythic Meanings of the Second Amendment
David C. Williams
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A Well-Regulated Militia: The Founding Fathers and the Origins of Gun Control in America
ASIN: 0300095627 |
Book Description
The Second Amendment, which concerns the right of the people to keep and bear arms, has been the subject of great debate for decades. Does it protect an individual's right to arms or only the right of the states to maintain militias? In this book David C. Williams offers a new reading of the Second Amendment: that it guarantees to individuals a right to arms only insofar as they are part of a united and consensual people, so that their uprising can be a unified revolution rather than a civil war. Williams argues that the Second Amendment has been based on myths about America—the Framers' belief in American unity and modern interpreters' belief in American distrust and disunity. Neither of these myths, however, will adequately curb political violence. Williams suggests that the amendment should serve not as a rule of law but as a cultural ideal that promotes our unity on the use of political violence and celebrates our diversity in other areas of life.
Book Description
Constitutional scholarship has deteriorated into a set of armed camps, with defenders of different theories of judicial review too often talking to their own supporters but not engaging their opponents. This book breaks free of the stalemate and reinvigorates the debate over how the judiciary should interpret the Constitution.
Keith Whittington reconsiders the implications of the fundamental legal commitment to faithfully interpret our written Constitution. Making use of arguments drawn from American history, political philosophy, and literary theory, he examines what it means to interpret a written constitution and how the courts should go about that task. He concludes that when interpreting the Constitution, the judiciary should adhere to the discoverable intentions of the Founders.
Other originalists have also asserted that their approach is required by the Constitution but have neither defended that claim nor effectively responded to critics of their assumptions or their method. This book sympathetically examines the most sophisticated critiques of originalism based on postmodern, hermeneutic, and literary theory, as well as the most common legal arguments against originalists. Whittington explores these criticisms, their potential threat to originalism, and how originalist theory might be reconstructed to address their concerns. In a nondogmatic and readily understandable way, he explains how originalist methods can be reconciled with an appropriate understanding of legal interpretation and why originalism has much to teach all constitutional theorists. He also shows how originalism helps realize the democratic promise of the Constitution without relying on assumptions of judicial restraint.
This book carefully examines both the possibilities and the limitations of constitutional interpretation and judicial review. It shows us not only what the judiciary ought to do, but what the limits of appropriate judicial review are and how judicial review fits into a larger system of constitutional government. With its detailed and wide-ranging explorations in history, philosophy, and law, this book is essential reading for anyone interested in how the Constitution ought to be interpreted and what it means to live under a constitutional government.
Book Description
This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation.
Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.
Customer Reviews:
How politics elucidates constitutional meaning.......2006-02-25
An unfortunate tendency of American constitutional scholarship is to focus on constitutional meaning as expressed by the courts. Whittington argues that this ignores the numerous ways in which political usage and traditions have shaped constitutional meanings, both great and small, in areas that are incapable of judicial elaboration. Whittington calls this process "constitutional construction"; a construction is the constitutional meaning resulting from a political clash. For those familiar with British constitutionalism, this will be familiar because it is similar to the British idea of a constitutional convention.
Whittington examines the constructions that emerged from pivotal political battles. He shows how these political clashes elucidated meaning in issues such as impeachment, judicial independence, and separation of powers, among others. The mixture of history and constitutional theory is similar to that of Ackerman's We The People, but where Ackerman focuses on so-called "constitutional moments" and their results, Whittington examines normal politics and demonstrates how these periods also produce meaningful constitutional understandings. In fact, the meaning elucidated in normal politics may be more important because of the number of them. Anyone interested in history and constitutional politics will find this work intellectually fulfilling.
Constitional theory with more than the Constitution.......2004-03-10
Whittington's argument is phenomenal: there is more to Constitutional theory than words or ideas surrounding its creation. There are a multiplicity of actors and institutions that interpret it according to their vantage.
Looking at crises in American history, Whittington realizes there is more than the Constitution that its words. "High crimes and misdemeanors" mean different things to different people in different situations. The Constitution as a compact among people or among states also gives rise to radically different interpretations of the delegated powers of government. By examining eras that streched the rule of American law to the breaking point, the impeachment of Samuel Chase, the Nixon impeachment, nullification, and others, Whittington takes a full view of Constitutionalism for what it is: an evolving philosophy shaped by more than the Framers and Courts. It is shaped by the Executive, the Legislature, and the will of the people.
It is a constantly evolving document whose meaning is defined according to those who interpret it. A great piece of writing, written very well weaving the story of America with the evolution of Constitutionalism. Highly recommended for anyone looking for a full understanding of American government.
Well written concise and to the point.......1999-06-05
I thoroughly enjoyed the book from cover to cover. It all started with the forward and biography and moved quickly with the rest of the reading. Mr. Whittington's ideas and theories concerning the Constitution were well laid out and easy to understand. I would recommend this book to anyone looking for a better understanding of the Constitution.
Customer Reviews:
Beautiful study of a wonderful subject........2007-09-14
This is a book that every American must read. Yes it does focus (is biased) toward "original intent". Why should we consider anyone's opinion of what the amendments should mean. That includes the opinions of some senile justice on the Supreme Court. What they believe the amendments should say is meaningless. The only important opinion is that of the founders, until the people change the meaning according to Constitutional procedure. If we don't like what it says, we can change it. But our politicians and judges can't do that arbitrarily. Just thought I would challenge the reviewer that prefers current interpretation over original intent.
A refreshing stroll through the amendments!!.......2002-08-21
This book is an amazing study. The book is ordered by amendment (or clause.) Within each part, the first essay focuses on the amendments original meaning and early history and the last essay focuses on the amendment today. Buyer beware. It seems that there is definitely a bias towards original meaning here, as each finishing essay comes to the conclusion that we've strayed from that original intent. But bias or not, can you blame them.
Of course that opens up an interesting dilemma that is unexplored in this book. Yes, we have strayed from original meaning (we've even FORGOTTEN the tenth amendments existence!) but this is only negative if you subscribe to 'original meaning' jurisprudence. As an aside, it seems most legal scholars and jurisprudential thinkers do not. Even Scalia and Posner, supposed conservatives, reject it; Scalia calling it 'the lesser evil.' This book assumes that readers share sympathy with original intent.
Where this book DOES prove its worth is in the attention payed to the fourth, fifth, ninth and tenth amendments- all of which are sadly neglected in legal dialogue of today. In fact, my favorite four essays were the ones focusing on amendments nine and ten.
So overall, this book's quality is high. On the whole, the essays are well written and exciting. But whether or not you've made up your mind on original meaning vs. broad principle jurisprudence, do check out "Interpreting the Constitution" edited by Jack Rakove.
A Must Read.......2000-09-26
Anyone involved in law or public policy must read this book. Hickok, perhaps one of the leading political scientists of our time, brilliantly describes the origin of the Bill of Rights, what it meant to the early Americans, and how we should understand it today. It's not often that you have a guide to take you back in history to such an important time and to look at the historical context of a document as crucial as the Bill of Rights!
Great book.......2000-03-29
This book is a great book for pre-law students. I was considering law and this book really got me interested in researching law more.
Book Description
Updated to include reference to recent Supreme Court cases, this volume explains all seven Articles of the Constitution, its Preamble, and its Amendments. The Constitution is set down in its entirety and explained in detail. Significant Supreme Court decisions are cited to demonstrate how the Constitution has continued to affect the lives and protect the liberties of Americans in the more than two centuries since its ratification. Also presented is discussion of how changes have occurred in Constitutional interpretation under the leadership of the Supreme Court's succeeding chief justices. The book is illustrated, and features a foreword by the Constitutional historian, Henry Steele Commager. Here is an excellent classroom supplement for high school-level social studies courses and introductory college courses.
Customer Reviews:
Highly Recommended.......2006-11-22
This book provides you with the constitution, its background and history, important cases, and how they were decided. It also provides an explanation of articles, clauses and sections.
During the recent supreme court nominations there were a number of pundits providing mis- and disinformation regarding the constitution. This book certainly helped clarify what the constitution really meant.
Another word used more freely in the past few years is treason. From book titles to charges, I was able to learn through this book how the founding fathers defined it and why they made it so hard to use.
So,
In order to perform a more perfect knowledge, ensure your intellectual tranquility, and the achieve the security of a perfect argument, I recommend that you exercise your inalienable right to purchase this book, and secure the blessings of life, liberty, and the pursuit of "well-informedness."
Good Review.......2000-08-08
This book does a great job of tracing the history of the Constitution through its review by the Supreme Court from its inception through 1986. Would love to see an update
Book Description
Through fresh readings of texts ranging from Homer's Iliad, Swift's Tale of a Tub, and Austen's Emma through the United States Constitution and McCulloch v. Maryland, James Boyd White examines the relationship between an individual mind and its language and culture as well as the "textual community" established between writer and audience. These striking textual analyses develop a rhetoric—a "way of reading" that can be brought to any text but that, in broader terms, becomes a way of learning that can shape the reader's life.
"In this ambitious and demanding work of literary criticism, James Boyd White seeks to communicate 'a sense of reading in a new and different way.' . . . [White's] marriage of lawyerly acumen and classically trained literary sensibility—equally evident in his earlier work, The Legal Imagination—gives the best parts of When Words Lose Their Meaning a gravity and moral earnestness rare in the pages of contemporary literary criticism."—Roger Kimball, American Scholar
"James Boyd White makes a state-of-the-art attempt to enrich legal theory with the insights of modern literary theory. Of its kind, it is a singular and standout achievement. . . . [White's] selections span the whole range of legal, literary, and political offerings, and his writing evidences a sustained and intimate experience with these texts. Writing with natural elegance, White manages to be insightful and inciteful. Throughout, his timely book is energized by an urgent love of literature and law and their liberating potential. His passion and sincerity are palpable."—Allan C. Hutchinson, Yale Law Journal
"Undeniably a unique and significant work. . . . When Words Lose Their Meaning is a rewarding book by a distinguished legal scholar. It is a showcase for the most interesting sort of inter-disciplinary work: the kind that brings together from traditionally separate fields not so much information as ideas and approaches."—R. B. Kershner, Jr., Georgia Review
Product Description
1997 Pulitzer Prize Winner for History, signed by the author and limited to 2500 numbered copies.
Book Description
This book is a history that explains the adoption of the US Constitution in terms of what the proponents of the Constitution were trying to accomplish. The Constitution was a revolutionary document replacing the confederation mode with a complete three-part national government supreme over the states. The most pressing need was to allow the federal government to tax, to pay off the Revolutionary War debts because in the next war, the United States would need to borrow again. The taxes needed to restore the public credit proved to be quite modest, however, and the Constitution went far beyond the immediate fiscal needs. This book argues that the proponents’ anger at the states for their recurring breaches of duty to the united cause explains both critical steps and the driving impetus for the revolution. Other issues were less important.
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- Political Ideologies and the Democratic Ideal, Fifth Edition
- Political Philosophy: A Beginners' Guide for Students and Statesmen
- Politics and Policy in States and Communities (9th Edition)
- Politics in States and Communities (12th Edition)
- Politics of Nature: How to Bring the Sciences into Democracy
- Population: An Introduction to Concepts and Issues
- Prime Time: How Baby Boomers Will Revolutionize Retirement and Transform America
- Research Methods for Public Administration (4th Edition)
- Resurgence of the Warfare State: The Crisis Since 9/11
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